Last Will & Testament of Diana, Princess of Wales

I DIANA PRINCESS OF WALES of Kensington Palace London W8 HEREBY REVOKE all former Wills and testamentary dispositions made by me AND DECLARE this to be my last Will which I make this First day Of June One thousand nine hundred and ninety three
1 I APPOINT my mother THE HONOURABLE MRS FRANCES RUTH SHAND KYDD ...

Our Legal Fees & Services

At GMH Legal we believe that client relationships matter more than time sheets which is why we offer a range of alternative fee arrangements to best suit your needs.
Our focus is on client service and establishing mutually rewarding relationships with our clients. We think that billing by the hour does not ...

Will says daughter’s share is worth half her brothers

The ACT Supreme Court has overturned a will created on the basis that “one boy is equal to two girls” and therefore sons should get double the inheritance of daughters.
Fatama Omari challenged the legitimacy of the will of her mother, Canberra woman Mariem Omari, saying she had not known what she was doing when ...

General Principles of Wills

A will is a written document in which you state how you want your property distributed after you die. A person who makes a will is called a "testator". It also allows you to nominate an executor, who is the person responsible for making sure your wishes are met.
What Happens If I Die Without A Will?
If you di...

Elements of a Testamentary Trust

Testamentary trusts are created in a will by a testator who bequeaths his or her property for the benefit of others called the beneficiaries. Testamentary trusts can either be express or non-express, but if a will is properly created, a testator’s intentions can be inferred from the terms of the will. By creati...

The Traps of a Granny Flat Accommodation

When the elderly decide to live in a ‘granny flat’ near their children, they sometimes fail to take account of the risks of such a move. They also sometimes fail to consider the unforeseen outcomes of personal relationships and personal challenges which ill health, financial difficulty and ultimately death th...

CHALLENGING A WILL

Have you been left out of a will?

Whatever your problem we invite you to call for an immediate FREE assessment of your rights and explanation of the process.

Challenging a will is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator. A will may be challenged in its entirety or only in part.

Challenging a will generally focuses on the assertion that the testator lacked testamentary capacity, was operating under an insane delusion, or was subject to undue influence or fraud.

In addition, wills can be also be challenged on the ground that the testator failed to make adequate provisions for dependants. This is called a ‘Family Provision Claim’.

To determine whether a will is valid, the Court will look at the following questions:

Is it the last will made by the deceased?

Was it executed in accordance with the formal requirements of the Act?

GEORGE HANNA

Partner

ERIC PETERSEN

In-House Consultant

DAVID LI

Corporate Counsel

SANTHY KOKKINOS

Graduate Solicitor

Lilian Saleh

Office Manager

CAPACITY TO MAKE A WILL

Anyone over the age of 18 can make a will, however people who make will must have testamentary capacity. This means they must be of sound mind, memory and understanding at the time of making the will.

A person is regarded as having the required capacity if they:

Understand the nature and the effect of a will

Know the nature and extent of their property

Comprehend and appreciate the claims to which they ought to give effect

Are not affected by delusions that influence the disposal of their assets at the time they are making their will.

SICK OR ELDERLY INDIVIDUALS

A will can be challenged on the grounds that the will-maker did not have sufficient capacity.

This arises most frequently when the will-maker is or extremely old when they make or change their will. If possible, you should make your will while you are still in good health. At GMH Legal we recommend that you do not put it off until you are very old or sick.

If the issue of capacity is likely to arise, you should obtain evidence of your testamentary capacity in the form of a medical certificate from your doctor or health worker.

INDIVIDUALS WITH INTELLECTUAL DISABILITY

Testamentary capacity may also be an issue for people with intellectual disability. While evidence of capacity is not legal required, it may be desirable in some cases where the disability is severe or if there is a likelihood that the will could be challenged later on.

If it is clear that the person does not have the testamentary capacity to make a will, the Succession Act 2006 now provides for court authorised wills for those lacking testamentary capacity. Upon application, the Court may authorise that a will be made, altered or partially/fully revoked on behalf of a person lacking capacity either though immaturity or a particular incapacity.

The person on behalf whom the application is made must be alive at the time the order is made and, upon the execution of the will, the later must be deposited with the Registrar.

UNDUE INFLUENCE

If a person who has assisted the will-maker to draw up a will also stands to gain a great deal from it, that person may have to prove to the Court that there was no trickery, pressure, force or even fear involved in the making of the will.

The Court will overturn a will on the ground of undue influence where it is satisfied the will-maker’s mind was coerced to such an extent that the resulting will was contrary to the will-maker’s real intentions.

The Court may be especially suspicious about undue influence if there has been obvious persuasion by the person who drew up the will, especially where that person would benefit from it.

It can be difficult to prove undue influence unless there were witnesses present when it happened.

Please note that if you wish to make an application under section 27 of the Succession Act, you must do so within 12 months of the death of the testator.

FAMILY PROVISION CLAIM

The rationale of the Family provision claim, is to ensure that adequate provision is made for certain defined eligible persons, whether or not there was a will and whether or not the eligible person was mentioned in it. Please note that by filing an application for a Family provision claim, you are not challenging the validity of the will, instead you are contesting the provisions made by the deceased in the will.

If you believe that you have not been properly provided by the decease, you can file an application for a family provision claim.